Single judge quashed criminal proceedings under Section 482 Cr.P.C. upon satisfaction that the petitioner had settled the matter with the victim and no public interest was involved in the prosecution.
Criminal proceedings in C.C. No. 129 of 2013 on the file of JMFC, Vatakara are quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE K.ABRAHAM MATHEW
WEDNESDAY,THE 12TH DAY OF DECEMBER 2018 / 21ST AGRAHAYANA, 1940
Crl.MC.No. 2798 of 2018
AGAINST THE ORDER IN CC 129/2013 of J.M.F.C.,VADAKARA CRIME NO. 760/2012 OF Vatagara Police Station , Kozhikode
PETITIONER:
THAHIR
AGED 24 YEARS, S/O.MAHAMOOD, CHOYIKKANDI HOUSE, ONCHIYAM P.O., KANNUKKARA, KOZHIKODE DISTRICT.
BY ADVS. SRI.K.S.ARUN KUMAR SMT.RESMI THOMAS SRI.JUSTINE JACOB
RESPONDENTS:
1 THE STATE OF KERALA REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, COCHIN-31.
2 AJEESH KUMAR
AGED 42 YEARS, S/O.KUNHIKKANNAN, KOTTAMADATHILIL HOUSE, CHORODE P.O., VADAKARA THALUK, KOZHIKODE DISTRICT, PIN-673106.
BY ADV. SRI.P.S.SAJEESH
SENIOR PUBLIC PROSECUTOR SRI. C.S. HRITHWIK
THIS CRIMINAL MISC. CASE HAVING COME UP FOR ADMISSION ON 12.12.2018, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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ORDER
Petition filed under Section 482 Cr.P.C.
Petitioner is the only named accused in C.C. No. 129
of 2013 on the file of the Judicial Magistrate of First Class, Vatakara. The allegation is that along with a few others he committed the offences under Sections 143, 147, 148, 323, 324, 427 and 448 read with Section 149 IPC. The other offenders could
not be identified. Second respondent is the victim. It is submitted that the matter has been settled and the proceedings in the trial court may be quashed.
In the result, this Crl.M.C. is allowed. The proceedings in C.C.No. 129 of 2013 on the file of the Judicial Magistrate of First Class, Vatakara are quashed. If any material objects have
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been produced in this case, the trial court may pass appropriate
orders for their disposal.
Sd/-
K.ABRAHAM MATHEW
JUDGE
SVP
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APPENDIX
PETITIONER'S EXHIBITS:
ANNEXURE I- TRUE COPY OF THE CHARGE SHEET IN CRIME NO.760/2012 OF VADAKARA POLICE STATION, KOZHIKODE DISTRICT.
ANNEXURE IITRUE COPY OF THE AFFIDAVIT SWORN BY THE SECOND RESPONDENT.
RESPONDENT'S EXHIBITS : NIL
//TRUE COPY// Sd/PA TO JUDGE
1 issue framed by the court
Whether compromise settlement in case of non-bailable offences under Sections 143, 147, 148, 323, 324, 427 and 448 IPC read with Section 149 IPC warrants quashing of criminal proceedings under Section
1 provisions across 1 enactments
THAHIR
THE STATE OF KERALA
AJEESH KUMAR
K.ABRAHAM MATHEW
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
